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20130423
20130423
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combatant is upsetting several republicans. >> i have been informed that the obama administration has indicated this suspect in boston will not be treated as enemy combatant. i strongly disagree with the obama administration's decision to rule out enemy combatant status for this suspect at this time. >> let's bring in our senior legal analyst jeffrey toobin, joining us from new york. can or should a u.s. citizen be formally given this enemy combatant status? what does the law say? >> every terrorist suspect arrested in the united states, since the first world trade center bombing in 1993 has been treated in the criminal justice system, not as an enemy combatant. standard operating procedure. frankly, the whole status of enemy combatant remains ambiguous in the legal system. the prisoners in guantanamo bay remain in legal limbo. by treating them as criminal suspects, the obama administration is avoiding all kinds of risks and simply acting as the bush administration has in the past and as they have acted in other terrorist cases by using the normal criminal procedures. >> because linds
in america's newsroom. martha: several republican lawmakers are now questioning the obama administration's decision not to treat the boston bombing suspect dzhokhar tsarnaev as an enemy combatant. he will face a civilian trial in criminal court. civilian complaint is revealing details from the carjacking to the shootout in police. listen to this from the documents released yesterday. the man point ad firearm at the victim, the person who was carjacked, did you hear about the boston explosion? and i did that. the man removed the magazine from his gun and showed the vipg tim it had a bullet in it and reinstated the magazine and stated, i am serious. new york city mayor, rudy giuliani helped lead the nation out of 9/11 terror attacks and we i will be remembered for that going forward and rely on you for your expertise how you break down these things. a lot of people bush for enemy combatant status. the white house doesn't want to go there. is that a wise decision on their part. >> i don't think so. martha: why? >> the white house is a in state of denial and has been that way since major has
be considered an enemy combatant? >> guest: absolutely goes back to the civil war. goes certainly to world war ii. anwar al-awlaki was american-born. president obama use ad drone to kill him in the wilds of yemen. if you, if you fill eight yourself with enemy forces and you go to war against american citizens and you kill americans will fully and you do so on behalf of a movement or enemy forces then indeed you can be considered an enemy combatant. being a enemy combatant simply because you're an american citizen. if in world war ii you went over and joined nazi forces were you not a enemy combatant? of course you were. . . >> he didn't treat those terrible tragedies as access war, but appropriately treated them as heinous criminal acts to be investigated, prosecuted, and appropriately punishes. >> host: al-alwaki was an american citizen, kimed on orders of president obama. did president obama violate the constitution by doing that? >> guest: well, actually, we have a lawsuit in which we are seeking to get answers from the administration about what legal standards they used and invoked. >> see
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